The practical effectiveness of waiving mandatory legal counsel for litigation in small claims courts

Abstract

The article analyzes the Small Claims Civil Courts (Juizados Especiais Cíveis) with a focus on their proposal to broaden access to justice for low-complexity cases, highlighting the possibility for parties to act without legal representation. Based on Law No. 9.099/1995, the system aims to ensure speed, simplicity, and informality, making the judiciary more accessible. However, the study questions whether the absence of legal counsel undermines the effectiveness of access to justice, even in simple claims. The research adopts a qualitative approach through document analysis of five cases from the judicial district of Paraíso do Tocantins, available on the TJTO website, in which the lack of a lawyer led to significant harm to the parties, such as missed deadlines, dismissal of the case without a ruling on the merits, and abandonment of the action. The study engages with the "Diagnostic Report on Small Claims Courts" (CNJ, 2020) and authors such as Tartuce (2020), Fernandes and Marinho (2018), and Rocha (2022), who point to the vulnerability of litigants without legal training and emphasize the need for stronger action by public defender offices. It concludes that although the Small Claims Courts represent progress in formal access to justice, their substantive effectiveness still faces limitations, particularly due to the technical imbalance between parties. The research recommends greater attention to free legal assistance and highlights the importance of broader studies to deepen the understanding of the actual impacts of the absence of legal representation in these courts.